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XAVIER BECERRA EXEMPT
Attorney General of California Gov. Code § 6103
PETER D. HALLORAN F uperior Court of California F
Supervising Deputy Attorney General County of Butte
JERRY J. DESCHLER | |
Deputy Attorney General L 10/25/2019 E
State Bar No. 215691
1300 I Street, Suite 125
P.O. Box 944255 D Kim iner, Clerk D
Sacramento, CA 94244-2550 By Deputy
Electronically FILED
Telephone: (916) 210-7871
Fax: (916) 324-5567
E-mail: Jerry.Deschler@doj.ca.gov
Attorneys for Defendants
Board of Trustees of the California State University,
which is the State of California acting in its higher
education capacity (erroneously sued as “Trustees
of the California State University, State of
10 California”), Cynthia Daley, and Debra Larson
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF BUTTE
13 CIVIL DIVISION
14
15
TERESA RANDOLPH, Case No. 19CV01226
16
Plaintiff, DEFENDANTS’ NOTICE OF MOTION
17 AND MOTION FOR JUDGMENT ON
THE PLEADINGS AS TO PLAINTIFF’S
18 SECOND AMENDED COMPLAINT
19 TRUSTEES OF THE CALIFORNIA Date: December 4, 2019
STATE UNIVERSITY, STATE OF Time: 9:00 a.m.
CALIFORNIA, AND CYNTHIA DALEY, Dept: 10°
AN INDIVIDUAL, AND DEBRA LARSON, Judge: Robert A Glusman
21 AN INDIVIDUAL, Trial Date: none
Action Filed: April 24, 2019
22 Defendants.
24 TO PLAINTIFF AND HER ATTORNEY OF RECORD:
PLEASE TAKE NOTICE that Defendants Board of Trustees of the California State
26 University, which is the State of California acting in its higher education capacity (ertoneously
27 sued as “Trustees of the California State University, State of California”), Cynthia Daley, and
28 Debra Larson (collectively “Defendants”) hereby move for judgment on the pleadings as to
Defendants’ Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiff's Second Amended
Complaint (19CV01226)
Plaintiff Teresa Randolph’s (“Randolph”) Second Amended Complaint (the “SAC”). The motion
is scheduled for hearing on December 4, 2019, at 9:00 a.m., in Dept. 10 at the Superior Court of
California in and for the County of Butte, located at 1775 Concord Ave, Chico, California 95928,
The motion will be based on this notice of motion and motion, the memorandum of points
and authorities in support of the motion, the request for judicial notice and attachments thereto,
declaration of Jerry Deschler, the pleadings and papers on file in this action, and upon any such
other evidence as may be presented at the hearing.
PLEASE ALSO TAKE NOTICE that pursuant to Local Rule 2.9, the court follows the
tentative ruling procedure set forth in California Rules of Court, rule 3.1308(a)(1). Tentative
10 tulings on law and motion matters will be available on the Court’s website at
11 www.buttecourt.ca.gov and by telephone at (530) 532-7022 by 3:00 p.m. on the court day
12 preceding the hearing.
13 MOTION FOR JUDGMENT ON THE PLEADINGS
14 Defendants hereby move for judgment on the pleadings to the SAC. This motion is brought
15 pursuant to Code of Civil Procedure Section 438. At the hearing, Defendants will move for an
16 order granting its motion for judgment on the pleadings to the SAC on the following separate and
17 independent grounds:
18 1 Eighth Cause of Action: “Wrongful Termination/Constructive Discharge.” The
19 eighth cause of action should be dismissed because the common law claim of wrongful
20 termination in violation of public policy is barred by the state’s sovereign immunity. (Gov. Code,
21 § 815; see also Miklosy v. Regents of the University of Calif. (2008) 44 Cal.4th 876, 899
22 [affirming judgment sustaining demurrer].)
23 2, Ninth Cause of Action: Intentional Infliction of Emotional Distress. The ninth
24 cause of action should be dismissed because the SAC fails to state facts sufficient to sustain a
25 cause of action for intentional infliction of emotional distress. A complaint must “state facts
26 sufficient to constitute a cause of action.” (Code Civ. Proc., § 425.10, subd. (a); Cloud v.
27 Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Templo v. State of Calif. (2018) 24
28 Mf
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Defendants’ Notice ofMotion and Motion for Judgment on the Pleadings as to Plaintiff's Second Amended
Complaint (19CV01226)
Cal.App.5th 730, 735 [“motion for judgment on the pleadings is equivalent to a demurrer”
(internal quotes omitted)].)
3 Eleventh Cause of Action: Defamation. The eleventh cause of action should be
dismissed because Randolph failed to comply with the Government Tort Claims Act and the facts
pleaded do not state a cause of action. (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363,
376; Gov. Code, §§ 911.2, 811.2.) Additionally, the alleged statement attributed to individual
defendant Larson does not satisfy any of the elements of a defamation cause of action and is not
defamatory. (Jensen v. Hewlett Packard Co. (1993) 14 Cal.App.4th 958, 965 [statements that
employee “had been the subject of some third party complaints, was not carrying his weight, had
10 a negative attitude in dealing with others, evidenced a lack of direction in his project activities
11 and was unwilling to take responsibility for the projects he oversaw” were statements of
12 opinion].)
13 4 Twelfth Cause of Action: Invasion of Privacy. The twelfth cause of action should
14 be dismissed because Randolph failed to comply with the Government Tort Claims Act and the
15 facts pleaded do not state a cause of action. (Gong v. City of Rosemead, supra, 226 Cal.App.4th,
16 at 376; Gov. Code, §§ 911.2, 811.2.)
17 Leave to amend would be futile because the defects to the eighth, ninth, eleventh, and
18 twelfth causes of action cannot be cured. Therefore, leave to amend should be denied.
19 (Schonfeldt v. State of Calif. (1998) 61 Cal.App.4th 1462, 1464 [“If there is no liability as a
20 matter of law, leave to amend should not be granted.”]; see also See Rotolo v San Jose Sports &
21 Entertainment, LLC (2007) 151 Cal.App.4th 307, 321 [same standard for demurrer].)
22 REQUEST FOR JUDICIAL NOTICE
23 Defendants request that the Court take judicial notice of Randolph’s CSU Claim Form,
which is attached to this Notice and to Defendants’ separately-filed Request for Judicial Notice,
as Exhibit A, pursuant to Code of Civil Procedure, section 438, subd. (d) and California Rules of
26 Court, Rule 3.1113(1). Defendants request that the Court also take judicial notice of the
27 Department of Justice’s request for claim search to the Department of General Services and
28 responding Declaration of no records, which is ene to this Notice and to Defendants’
Defendants’ Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiff's Second Amended
Complaint (19CV01226)
separately-filed Request for Judicial Notice, as Exhibit B, pursuant to Code of Civil Procedure,
section 438, subd. (d) and California Rules of Court, Rule 3.1113(1).
Dated: October 25, 2019 Respectfully Submitted,
XAVIER BECERRA
Attorney General of California
PETER D. HALLORAN
Supervising Deputy Attorney General
SSS
JERRY J. DESCHLER
Deputy Attorney General
Attorneys for Defendants
10 Board of Trustees of the California State
University, which is the State of California
11 acting in its higher education capacity
(erroneously sued as “Trustees of the
12 California State University, State of
California”), Cynthia Daley, and Debra
13 Larson
14 $A2019102196
14205145.docx
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Defendants’ Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiff's Second Amended
Complaint (19CV01226)
EXHIBIT A
The California State University
RISKMANAGEMENT AND PUBLIC SAFETY
os GFFICE’OF
The California Stat rsity Office ie Chancellor” isk Manag
401 Golden Shore, 5th ng A 90802-4210
(562) 951-4580 / www. e.eduiri
ts your claim complete?
CSU Claim Form
RISK MANAGEMENT.
Include a check or money order for $25 payable to “Trustees of the CSU.”
Complete all sections relating to this claim and sign the form. Please print or type all information.
Attach receipts, bills, estimates or other documents that back up your claim.
Claimant Information
1 Randolph, Teresa A. 2 Tel: (530) 520-6717
Last Name First Name Mi 3 Email: }randolph.teri@gmail.com
4 1424 Heather Circle Chico CA 95926
Mailing Address City State Zip
5 Best time and way to reach you: [Mer 8e
6 ls the claimant under 187 G. Yes — -No If YES, give date of birth
Attorney or Representative information MM DD YYYY
7 Dimitre, Thomas 8 Tel: (541) 890-5022
Last Name First Name Mi 9 Email: |dimitre@mindnet
10 |P.0.Box801 [Ashland OR 197520
Mailing Address City State Zip
141 Relationship to claimant: |Representing Attorney
Claim Information
12 Is your claim for a stale-dated warrant (uncashed check)? Ol Yes EI | No
CSU campus that issued the warrant:| |If NO, continue to Step 13.
Dollar amount of warrant: Date of issue:
Proceed to Step 23 MM DD YYYY
13 Date of Incident: [March 11, 2019
Was the incident more than six months ago? O Yes f& No
If YES, did you attach a separate sheet with an explanation for the late filing? ) Yes No
14 CSU campus or CSU employees against whom this claim is filed: |}CSU Chico
ICSU, Chico AND The Trustees of The California State University
15 Dollar amount of claim:
If the amount is more than $10.000, indicate the O Limited civil case ($25,000 or less)
type of civil case: Non-limited civil case (over $25,000)
Explain how you calculated the amount:
Dollar Amount of Claim - $250,000 explained with multiple losses to me personally: 10+yrs loss of job/wages, loss of
benefits, infliction of physical pain and mental stress, discrimination, humiliation, shortened retirement plan estimates,
16 Location of the incident:
CSU, Chico campus
17 "| Describe the specific damage or injury:
Intentional and. negligent infliction of physical and emotional distress, loss of job, loss of wages, loss of retirement!
learnings, and public humiliation.
18 Explain the circumstances that led to the damage or injury:
See Claim Form Attachment.
19 Explain why you believe the CSU is responsible for the damage or injury:
Despite repeated attempts to engage in the interactive process and be accommodated for my disability, and despite the}
ICSU Chico's ADA and Reasonable Accommodation Policy, the University has failed to afford me my rights under the law,
‘The CSU continues to ignore my work restrictions and my requests for.intervention and accommodation.
20 Does the claim involve a campus vehicle? Ol Yes &. No
If YES, provide the vehicle license number, if known:
Auto Insurance information
ai]
Name of insurance Carrier
| |
Mailing Address City State Zip
Policy Number: Tel:
Are you the registered owner of the vehicle? (I. Yes No
lf NO, state name of owner:
Has a claim been filed with your insurance carrier, or will it be filed? ( Yes No
Have you received any payment for this damage or injury? O Yes OO No
if yes, what amount did you receive?
Amount of deductible, if any:
Claimant's Driver's License Number Vehicle License Number;
Make of Vehicle: Model: Year:
Vehicle ID Number,
For Bodily Injury Claims Only (Pursuant to the Medicare Secondary Payer Act):
22 if a claim for bodily injury is being made:
Date of Birth: [Social Security #]
MM DD __YYYY.
Notice and Signature
23 | declare under penalty of perjury under the laws of the State of California that all the information | have
provided is true and correct to. the best of my information and belief. [ further understand that if | have
provided information that is false, intentionally incomplete, or misleading | may be charged with a crime
punishable by up to one year in state prison andor a fine up to $10,000 (Penal Cade section 72).
3/11/19
Signature of Claimant or Representative Date
24 Mail the original completed form and all attachments with the $25 filing fee or the “CSU Affidavit for
Waiver of Filing Fee” request to: CSU Office of the Chancellor, Risk Management & Public Safety, 401
Golden Shore, Sth Floor, Long Beach, CA 90802-4210. Keep a copy for your records,
Claim Form Attachment
#18.
| was constructively discharged on March 11, 2019 because the CSU Chico continued
its failure to accommodate my disability or engage in the interactive process, despite
numerous requests to do so, and their knowledge that | was disabled and in need of an
accommodation.
Following continuing medical treatments due to a work-related injury on September 27,
2007, | provided the CSU with medical status updates continually from my doctor, which
included on March 30, 2015 specific accommodations to reduce my work-related stress.
Subsequently, on November 9, 2015 my doctor required additional accommodations to
include working no more than 8 hours per day. Since that time, these accommodations
that were agreed to were not implemented, and requests for reimplementation of the
accommodations and new.accommodations were not implemented, and although I'd
made multiple requests to resolve these concerns, no interactive process has occurred.
In addition, the CSU has failed to accommodate my most recent disability, beginning in
December 2018.
Despite my escalating health concems, | was further stressed with two reorganizations
of my position within two months (August and September, 2018), two relocations of my
physical office in less than 9 months (May 2018 and January 2019), on more than a half
dozen occasions since September 2018 | had requested the University recognize and
implement all accommodations set forth by my doctor. Additionally, on numerous
occasions | asked the University to initiate an interactive process and asked for
accommodation. The people that | asked are: President Gayle Hutchinson; Provost
Debra Larson; Daniel Grassian, Vice Provost for Academic Programs, John Unruh,
Dean, College of Agriculture, Dylan Saake, Director of Labor Relations and
Compliance/Title IX Coordinator/DHR Administrator, and my direct supervisor Director
Cynthia Daley. No action was ever initiated, no interactive process was ever held, no
reasonable accommodation was ever provided, no response given other than to directly
deny my requests, and concerns | brought forth continued to be ignored and
disregarded as though not important and not required of them to address.
During this time, the CSU, Chico continued to try and undermine my work and force me
to quit. Some of these examples are:
e | was given new and additional duties not pertaining to the sustainability conference
(Regenerative Ag Initiative tasks), which was already full load for September — April
each year with no prior consultation with me on my existing workload, with no interest of
how this would impact my medical restrictions and workload, causing increased stress
of being late in getting the conference started because I'd already been told there would
not be a 2019 conference.
. Cynthia began by requiring me to participate in meetings starting at 7:00 am, texting
my private phone as early as 4:00 am and as late as 7:00 pm, forcing me to participate
in meetings during lunch hours, or starting at 7:00 am, with non-emergency, non-
essential orders, violating my physician's orders, which were known to Cynthia.
° Cynthia Daley worked to undermine my work and function, intentionally sabotaging
my duties and my reputation by excluding me from crucial meetings and details
pertaining to my assigned tasks so as to cause me to appear unknowledgeable or
incompetent.
° Cinthia Daley continued to refuse to meet with me on budget related matters and
then would ask why | hadn’t prepared an updated budget report for her to submit to the
Provost in-attempts to sabotage my reputation by putting blame on me for her
shortcomings.
« Cynthia Daley violated the RFP process for consultant services, specifically those of
Tim LaSalle, which| reported to her dean John Unruh, which was part of the reasoning
behind her retaliation against me. She was in the process of initiating another consultant
agreement for a consultant, Melina Watts, to work from-her home (Cynthia's home),
which | also reported to her dean John Unruh.
e Cynthia Daley continued to refuse to meet with me to discuss the Journal of
Regenerative Agriculture and details | needed clarification on in setting it up, which
she'd asked me to create and launch as a top priority because a grant was depending
on it, which | worked tirelessly and excessively to do in just two short months, having no
idea how to do it, who to ask, standards to use, details and instructions for authors and
reviewers, and identification of editorial board members and their roles, and more. This
function typically would lie within the Librarian Classification.
. Cynthia Daley continued undermining meetings and planning progress for This Way
to Sustainability Conference, continued to disregard and minimize-the students’ role in
the conference, going against their advice and input as organizers and a primary
funding source, disregarding and disrespecting all of us because she said she didn’t feel
“in control” and saying she wasn't being copied. on emails or being given updates when
she continually was, and although the Executive Planning Team kept advising against
her insistence to make it a regenerative ag conference; she continually worked to
diminish and disrespect my role as staff lead of the conference by going behind my
back to managers and other campus members to work in conflict with what the students
and | had planned, disregarding choices for keynote speakers, films, and scheduling
layout, and contacting potential keynotes without consulting with the Executive Team or
me as the conference lead, making the planning team and | look inefficient, creating
confusion and chaos, and causing the appearance of disfunction, promising
unconfirmed speakers that she'd get them in, this and more inhibited my ability to
perform the duties, and those of my position description by removing the sustainability
web site without discussion and demanding | hand over all access to passwords and
everything related to it without justification, and as retaliation for me meeting with her
dean to report the situation and ongoing harassment-by Cynthia.
° Cynthia Daley assigned me the task of completing the recruitment process for
several new non-state positions, and arrange interviews for several positions she’d had
me post. Intentionally after |'d scheduled the interviews with the full interview panel and
applicants, Cynthia tells me she doesn’t use Exchange campus email and that I'd need
to reschedule all of them, and instead start using doodle polls. | ended up having to take
time out and record each one of the interviews because she refused to give me dates
and times she could attend in person. This caused even more stress, chaos and
frustration, followed by her telling several faculty on the interview panel that | had made
these mistakes in an attempt to make me look inefficient to not only the interview panel,
but to the applicants as well.
e Cynthia Daley was using her former student Taylor Herren as an assistant (who not
only didn't even live in Chico; was not from what | could tell a current employee, and
was employed elsewhere, Kiss the Ground). Cynthia had her in charge of coordination
of campus and events and activities being hosted by RAI, and began copying her on
emails and communications relating to my job duties. | brought it to Cynthia’s attention
that she had lost-some of the recordings of guest speakers hosted previous to my
involvement, and that these recordings were never put on the ISD website because I'd
never received them. Cynthia accused me of losing some of the recordings (Richard
Teague's for one), making me a scapegoat for Taylor's lack of knowledge and follow-up
on getting these recordings both ADA compliant and posted the website. | had to find
the recordings, get the ADA:compliance process completed, and load them to the
website. This caused a.lot of added stress, time, chaos, and frustration for me, as well
as IMC and RCE staff.
e Cynthia Daley and Taylor Herren had both violated several campus and state
policies, and on one particular situation when | questioned who would provide the
required documentation for donated goods Cynthia stated “she had never documented
In-kind donations before, didn't care if the University got credit for the donations, and
she wasn’t going to start now. It’s too much red tape and we're simply not going to do
it." Additionally, alcohol permit requirements continued to be ignored for events off
campus, specifically for one during the campus closure due to the Camp Fire. Off
campus permits (through the ABC) were never obtained but she 1) moved the event to
an off-campus location although campus was in a total shut down and 2) served alcohol
anyway without a permit, having obtained the donations from Sierra Nevada, and
several local wineries. The documentation was never provided and any trace was
destroyed.
It was after this that Cynthia began her more intense and intentional retaliation towards
me because | reported these issues, her treatment of me, the added stress she was.
causing, and some of her other violations to University Advancement, the provost's
budget office, and directly to her dean John Unruh.
° On December 19, 2018, in retaliation for finding out | met with her dean John Unruh
to whistle blow her violations and behaviors, | was ordered by Cynthia Daley to report to
a meeting with she and her dean John Unruh to hand. over my passwords and access to
some web-based platforms | used for the conference, provide a detailed budget report
about the conference, and a detailed update of conference planning to date, all of which
| had continually given her except for passwords because there was no justification, and
this violates the responsible use policy 8105. Not only had | already given conference
updates and status on an ongoing basis, in writing, but Cynthia had already approved
me to host our conference students at that very same time to a holiday luncheon off
campus. This was an intentional retaliation and inflicted more than emotional distress, |
completely broke down physically and mentally and had to leave work. | did not attend
the meeting, was too upset at that point to host the students who were also very upset,
and subsequently was suspended with pay that day instead.
These intentional actions. and the retaliation | endured were void. of any consideration of
my work restrictions being violated and are all just some of the things that contributed to
the situation now.
Due to the stress created by of all of this my doctor put me off work on 12/31/18. |
provided the CSU with my physician’s medical status form and received no immediate
response. On 1/11/19 | received a letter from the University, Dylan Saake, asking me to
meet with them regarding an investigation into my alleged misconduct.
Following my physician's advice | did not attend, and | so advised the CSU.
Since that time, | have remained off of work due to the ongoing stress of the University’s
failure to engage in the interactive process or to provide accommodations requested by
my physician.
On February 26th, my physician stated that my health was worsening, due to the
University’s failure to engage in the interactive process and failure to accommodate me.
The failure of the CSU to follow my physician's orders, failure to engage in the
interactive process and to accommodate me, along with the CSU's retaliation for my
whistleblowing activities, has greatly impacted my health, so much so, that | am unable
to continue working at the CSU.
#19 Despite repeated attempts to engage in the interactive process and be
accommodated for my disability, and despite the CSU, Chico's ADA and Reasonable
Accommodation Policy, the University has failed to afford me my rights under the law.
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EXHIBIT B
XAVIER BECERRA State of California izes
Attorney General DEPARTMENT OF JUSTICE
1300 I STREET, SUITE 125
P.O. BOX 944255
SACRAMENTO, CA 94244-2550
Public: 916) 445-9555
Telephone: 916) 210-6122
Facsimile: 916) 324-5567
on Molly.Cote@doj.ca.gov
May 9, 2019
Email Address: GovtClaimSearch@doj.ca.gov
Government Claims Unit
RE: REQUEST FOR CLAIM SEARCH
1. Search for any and all claim(s) filed by:
Name of Claimant(s): TERESA RANDOLPH
Date of Incident: March 1, 2017 through present
Cause of Action: Wrongful Termination, Disability Discrimination/Harassment,
Retaliation, Failure to Engage in the Interactive Process and Failure to Reasonably
Accommodate
2. After a search is complete, please provide:
Xo Email notification with or without working copy of claim.
[5 calendar days]; or
Xo Certification or Declaration of No Findings of the claim [15 calendar days].
3. Preferred Deadline: Earliest possible
4. Name of Requestor: Molly Cote
Section: Employment and Administrative Mandate (EAM)
City: Sacramento
Telephone: 916-210-6122
Matter ID: SA2019102196
Sincerely,
/S/
Molly K. Coté
Senior Legal Analyst
For XAVIER BECERRA
Attorney General
oF
fi
XAVIER BECERRA State of California
Toms
Attorney General DEPARTMENT OF JUSTICE
1300 1 STREET, SUITE 125
P.O, BOX 944255
SACRAMENTO, CALIFORNIA 94244-2550
DECLARATION
Iam a Staff Services Analyst with the Government Claims Unit (GCU) within the Office of the
Attorney General, Department of Justice (AGO), The AGO-GCU operates in conjunction with
the Government Claims Program (GCP) within the Department of General Services in the review
of government claims in active civil litigation. I am familiar with how the GCP operates and
maintains its records of government claims received by and stored by the GCP in its
Standardized Insurance Management System (SIMS) computer database. The AGO-GCU is
granted direct read-only access to the GCP’s SIMS computer database and is authorized to
download the GCP’s records of government claims, I am also knowledgeable about the use of
the GCP’s SIMS computer database and have been trained by the GCP’s staff in accessing the
documents. J effectively serve as a custodian of records maintained by the GCP and accessed by
the GCU. Based on‘the direct read-only access to the GCP afforded to the GCU, I am authorized
to verify the records maintained. with the GCP in the SIMS computer database.
IT have diligently searched the records maintained by the GCP. I have been unable to locate any
claims that have been filed with, or presented to, the GCP that match the following provided
information:
Claimant: Teresa Randolph
DOL March 1, 2017 through the present
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct to the best of my knowledge and belief. I am willing and able to testify to the
truth of the statements made herein, if necessary.
Executed at Sacramento, California, May 15, 2019.
Ow
LINDSEY R. GOODWIN
Staff Services Analyst
Government Claims Unit
DECLARATION OF SERVICE BY E-MAIL and U.S. Mail
Case Name: Teresa Randolph v. Trustees of the California State University, et al.
Case No.: 19CV01226
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On October 25, 2019, I served the attached DEFENDANTS’ NOTICE OF MOTION AND
MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF’S SECOND
AMENDED COMPLAINT by transmitting a true copy via electronic mail. In addition, I
placed a true copy thereof enclosed in a sealed envelope, in the internal mail system of the
Office of the Attorney General, addressed as follows:
Thomas Dimitre, Attorney at Law
PO Box 801
Ashland, OR 97520
E-mail Address: dimitre@mind.net
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on October 25, 2019, at Sacramento,
California.
Jenny Thirakul
Declarant Signature
82019102196
14221770.docx
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XAVIER BECERRA EXEMPT Attorney General of California Gov. Code § 6103 PETER D. HALLORAN F uperior Court of California F Supervising Deputy Attorney General County of Butte JERRY J. DESCHLER | | Deputy Attorney General L 10/25/2019 E State Bar No. 215691 1300 I Street, Suite 125 P.O. Box 944255 D Kim iner, Clerk D Sacramento, CA 94244-2550 By Deputy Electronically FILED Telephone: (916) 210-7871 Fax: (916) 324-5567 E-mail: Jerry.Deschler@doj.ca.gov Attorneys for Defendants Board of Trustees of the California State University, which is the State of California acting in its higher education capacity (erroneously sued as “Trustees of the California State University, State of 10 California”), Cynthia Daley, and Debra Larson 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF BUTTE 13 CIVIL DIVISION 14 15 TERESA RANDOLPH, Case No. 19CV01226 16 Plaintiff, DEFENDANTS’ NOTICE OF MOTION 17 AND MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF’S 18 SECOND AMENDED COMPLAINT 19 TRUSTEES OF THE CALIFORNIA Date: December 4, 2019 STATE UNIVERSITY, STATE OF Time: 9:00 a.m. CALIFORNIA, AND CYNTHIA DALEY, Dept: 10° AN INDIVIDUAL, AND DEBRA LARSON, Judge: Robert A Glusman 21 AN INDIVIDUAL, Trial Date: none Action Filed: April 24, 2019 22 Defendants. 24 TO PLAINTIFF AND HER ATTORNEY OF RECORD: PLEASE TAKE NOTICE that Defendants Board of Trustees of the California State 26 University, which is the State of California acting in its higher education capacity (ertoneously 27 sued as “Trustees of the California State University, State of California”), Cynthia Daley, and 28 Debra Larson (collectively “Defendants”) hereby move for judgment on the pleadings as to Defendants’ Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiff's Second Amended Complaint (19CV01226) Plaintiff Teresa Randolph’s (“Randolph”) Second Amended Complaint (the “SAC”). The motion is scheduled for hearing on December 4, 2019, at 9:00 a.m., in Dept. 10 at the Superior Court of California in and for the County of Butte, located at 1775 Concord Ave, Chico, California 95928, The motion will be based on this notice of motion and motion, the memorandum of points and authorities in support of the motion, the request for judicial notice and attachments thereto, declaration of Jerry Deschler, the pleadings and papers on file in this action, and upon any such other evidence as may be presented at the hearing. PLEASE ALSO TAKE NOTICE that pursuant to Local Rule 2.9, the court follows the tentative ruling procedure set forth in California Rules of Court, rule 3.1308(a)(1). Tentative 10 tulings on law and motion matters will be available on the Court’s website at 11 www.buttecourt.ca.gov and by telephone at (530) 532-7022 by 3:00 p.m. on the court day 12 preceding the hearing. 13 MOTION FOR JUDGMENT ON THE PLEADINGS 14 Defendants hereby move for judgment on the pleadings to the SAC. This motion is brought 15 pursuant to Code of Civil Procedure Section 438. At the hearing, Defendants will move for an 16 order granting its motion for judgment on the pleadings to the SAC on the following separate and 17 independent grounds: 18 1 Eighth Cause of Action: “Wrongful Termination/Constructive Discharge.” The 19 eighth cause of action should be dismissed because the common law claim of wrongful 20 termination in violation of public policy is barred by the state’s sovereign immunity. (Gov. Code, 21 § 815; see also Miklosy v. Regents of the University of Calif. (2008) 44 Cal.4th 876, 899 22 [affirming judgment sustaining demurrer].) 23 2, Ninth Cause of Action: Intentional Infliction of Emotional Distress. The ninth 24 cause of action should be dismissed because the SAC fails to state facts sufficient to sustain a 25 cause of action for intentional infliction of emotional distress. A complaint must “state facts 26 sufficient to constitute a cause of action.” (Code Civ. Proc., § 425.10, subd. (a); Cloud v. 27 Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Templo v. State of Calif. (2018) 24 28 Mf 2 Defendants’ Notice ofMotion and Motion for Judgment on the Pleadings as to Plaintiff's Second Amended Complaint (19CV01226) Cal.App.5th 730, 735 [“motion for judgment on the pleadings is equivalent to a demurrer” (internal quotes omitted)].) 3 Eleventh Cause of Action: Defamation. The eleventh cause of action should be dismissed because Randolph failed to comply with the Government Tort Claims Act and the facts pleaded do not state a cause of action. (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376; Gov. Code, §§ 911.2, 811.2.) Additionally, the alleged statement attributed to individual defendant Larson does not satisfy any of the elements of a defamation cause of action and is not defamatory. (Jensen v. Hewlett Packard Co. (1993) 14 Cal.App.4th 958, 965 [statements that employee “had been the subject of some third party complaints, was not carrying his weight, had 10 a negative attitude in dealing with others, evidenced a lack of direction in his project activities 11 and was unwilling to take responsibility for the projects he oversaw” were statements of 12 opinion].) 13 4 Twelfth Cause of Action: Invasion of Privacy. The twelfth cause of action should 14 be dismissed because Randolph failed to comply with the Government Tort Claims Act and the 15 facts pleaded do not state a cause of action. (Gong v. City of Rosemead, supra, 226 Cal.App.4th, 16 at 376; Gov. Code, §§ 911.2, 811.2.) 17 Leave to amend would be futile because the defects to the eighth, ninth, eleventh, and 18 twelfth causes of action cannot be cured. Therefore, leave to amend should be denied. 19 (Schonfeldt v. State of Calif. (1998) 61 Cal.App.4th 1462, 1464 [“If there is no liability as a 20 matter of law, leave to amend should not be granted.”]; see also See Rotolo v San Jose Sports & 21 Entertainment, LLC (2007) 151 Cal.App.4th 307, 321 [same standard for demurrer].) 22 REQUEST FOR JUDICIAL NOTICE 23 Defendants request that the Court take judicial notice of Randolph’s CSU Claim Form, which is attached to this Notice and to Defendants’ separately-filed Request for Judicial Notice, as Exhibit A, pursuant to Code of Civil Procedure, section 438, subd. (d) and California Rules of 26 Court, Rule 3.1113(1). Defendants request that the Court also take judicial notice of the 27 Department of Justice’s request for claim search to the Department of General Services and 28 responding Declaration of no records, which is ene to this Notice and to Defendants’ Defendants’ Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiff's Second Amended Complaint (19CV01226) separately-filed Request for Judicial Notice, as Exhibit B, pursuant to Code of Civil Procedure, section 438, subd. (d) and California Rules of Court, Rule 3.1113(1). Dated: October 25, 2019 Respectfully Submitted, XAVIER BECERRA Attorney General of California PETER D. HALLORAN Supervising Deputy Attorney General SSS JERRY J. DESCHLER Deputy Attorney General Attorneys for Defendants 10 Board of Trustees of the California State University, which is the State of California 11 acting in its higher education capacity (erroneously sued as “Trustees of the 12 California State University, State of California”), Cynthia Daley, and Debra 13 Larson 14 $A2019102196 14205145.docx 1 16 17 18 19 20 21 22 23 25 26 27 28 4 Defendants’ Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiff's Second Amended Complaint (19CV01226) EXHIBIT A The California State University RISKMANAGEMENT AND PUBLIC SAFETY os GFFICE’OF The California Stat rsity Office ie Chancellor” isk Manag 401 Golden Shore, 5th ng A 90802-4210 (562) 951-4580 / www. e.eduiri ts your claim complete? CSU Claim Form RISK MANAGEMENT. Include a check or money order for $25 payable to “Trustees of the CSU.” Complete all sections relating to this claim and sign the form. Please print or type all information. Attach receipts, bills, estimates or other documents that back up your claim. Claimant Information 1 Randolph, Teresa A. 2 Tel: (530) 520-6717 Last Name First Name Mi 3 Email: }randolph.teri@gmail.com 4 1424 Heather Circle Chico CA 95926 Mailing Address City State Zip 5 Best time and way to reach you: [Mer 8e 6 ls the claimant under 187 G. Yes — -No If YES, give date of birth Attorney or Representative information MM DD YYYY 7 Dimitre, Thomas 8 Tel: (541) 890-5022 Last Name First Name Mi 9 Email: |dimitre@mindnet 10 |P.0.Box801 [Ashland OR 197520 Mailing Address City State Zip 141 Relationship to claimant: |Representing Attorney Claim Information 12 Is your claim for a stale-dated warrant (uncashed check)? Ol Yes EI | No CSU campus that issued the warrant:| |If NO, continue to Step 13. Dollar amount of warrant: Date of issue: Proceed to Step 23 MM DD YYYY 13 Date of Incident: [March 11, 2019 Was the incident more than six months ago? O Yes f& No If YES, did you attach a separate sheet with an explanation for the late filing? ) Yes No 14 CSU campus or CSU employees against whom this claim is filed: |}CSU Chico ICSU, Chico AND The Trustees of The California State University 15 Dollar amount of claim: If the amount is more than $10.000, indicate the O Limited civil case ($25,000 or less) type of civil case: Non-limited civil case (over $25,000) Explain how you calculated the amount: Dollar Amount of Claim - $250,000 explained with multiple losses to me personally: 10+yrs loss of job/wages, loss of benefits, infliction of physical pain and mental stress, discrimination, humiliation, shortened retirement plan estimates, 16 Location of the incident: CSU, Chico campus 17 "| Describe the specific damage or injury: Intentional and. negligent infliction of physical and emotional distress, loss of job, loss of wages, loss of retirement! learnings, and public humiliation. 18 Explain the circumstances that led to the damage or injury: See Claim Form Attachment. 19 Explain why you believe the CSU is responsible for the damage or injury: Despite repeated attempts to engage in the interactive process and be accommodated for my disability, and despite the} ICSU Chico's ADA and Reasonable Accommodation Policy, the University has failed to afford me my rights under the law, ‘The CSU continues to ignore my work restrictions and my requests for.intervention and accommodation. 20 Does the claim involve a campus vehicle? Ol Yes &. No If YES, provide the vehicle license number, if known: Auto Insurance information ai] Name of insurance Carrier | | Mailing Address City State Zip Policy Number: Tel: Are you the registered owner of the vehicle? (I. Yes No lf NO, state name of owner: Has a claim been filed with your insurance carrier, or will it be filed? ( Yes No Have you received any payment for this damage or injury? O Yes OO No if yes, what amount did you receive? Amount of deductible, if any: Claimant's Driver's License Number Vehicle License Number; Make of Vehicle: Model: Year: Vehicle ID Number, For Bodily Injury Claims Only (Pursuant to the Medicare Secondary Payer Act): 22 if a claim for bodily injury is being made: Date of Birth: [Social Security #] MM DD __YYYY. Notice and Signature 23 | declare under penalty of perjury under the laws of the State of California that all the information | have provided is true and correct to. the best of my information and belief. [ further understand that if | have provided information that is false, intentionally incomplete, or misleading | may be charged with a crime punishable by up to one year in state prison andor a fine up to $10,000 (Penal Cade section 72). 3/11/19 Signature of Claimant or Representative Date 24 Mail the original completed form and all attachments with the $25 filing fee or the “CSU Affidavit for Waiver of Filing Fee” request to: CSU Office of the Chancellor, Risk Management & Public Safety, 401 Golden Shore, Sth Floor, Long Beach, CA 90802-4210. Keep a copy for your records, Claim Form Attachment #18. | was constructively discharged on March 11, 2019 because the CSU Chico continued its failure to accommodate my disability or engage in the interactive process, despite numerous requests to do so, and their knowledge that | was disabled and in need of an accommodation. Following continuing medical treatments due to a work-related injury on September 27, 2007, | provided the CSU with medical status updates continually from my doctor, which included on March 30, 2015 specific accommodations to reduce my work-related stress. Subsequently, on November 9, 2015 my doctor required additional accommodations to include working no more than 8 hours per day. Since that time, these accommodations that were agreed to were not implemented, and requests for reimplementation of the accommodations and new.accommodations were not implemented, and although I'd made multiple requests to resolve these concerns, no interactive process has occurred. In addition, the CSU has failed to accommodate my most recent disability, beginning in December 2018. Despite my escalating health concems, | was further stressed with two reorganizations of my position within two months (August and September, 2018), two relocations of my physical office in less than 9 months (May 2018 and January 2019), on more than a half dozen occasions since September 2018 | had requested the University recognize and implement all accommodations set forth by my doctor. Additionally, on numerous occasions | asked the University to initiate an interactive process and asked for accommodation. The people that | asked are: President Gayle Hutchinson; Provost Debra Larson; Daniel Grassian, Vice Provost for Academic Programs, John Unruh, Dean, College of Agriculture, Dylan Saake, Director of Labor Relations and Compliance/Title IX Coordinator/DHR Administrator, and my direct supervisor Director Cynthia Daley. No action was ever initiated, no interactive process was ever held, no reasonable accommodation was ever provided, no response given other than to directly deny my requests, and concerns | brought forth continued to be ignored and disregarded as though not important and not required of them to address. During this time, the CSU, Chico continued to try and undermine my work and force me to quit. Some of these examples are: e | was given new and additional duties not pertaining to the sustainability conference (Regenerative Ag Initiative tasks), which was already full load for September — April each year with no prior consultation with me on my existing workload, with no interest of how this would impact my medical restrictions and workload, causing increased stress of being late in getting the conference started because I'd already been told there would not be a 2019 conference. . Cynthia began by requiring me to participate in meetings starting at 7:00 am, texting my private phone as early as 4:00 am and as late as 7:00 pm, forcing me to participate in meetings during lunch hours, or starting at 7:00 am, with non-emergency, non- essential orders, violating my physician's orders, which were known to Cynthia. ° Cynthia Daley worked to undermine my work and function, intentionally sabotaging my duties and my reputation by excluding me from crucial meetings and details pertaining to my assigned tasks so as to cause me to appear unknowledgeable or incompetent. ° Cinthia Daley continued to refuse to meet with me on budget related matters and then would ask why | hadn’t prepared an updated budget report for her to submit to the Provost in-attempts to sabotage my reputation by putting blame on me for her shortcomings. « Cynthia Daley violated the RFP process for consultant services, specifically those of Tim LaSalle, which| reported to her dean John Unruh, which was part of the reasoning behind her retaliation against me. She was in the process of initiating another consultant agreement for a consultant, Melina Watts, to work from-her home (Cynthia's home), which | also reported to her dean John Unruh. e Cynthia Daley continued to refuse to meet with me to discuss the Journal of Regenerative Agriculture and details | needed clarification on in setting it up, which she'd asked me to create and launch as a top priority because a grant was depending on it, which | worked tirelessly and excessively to do in just two short months, having no idea how to do it, who to ask, standards to use, details and instructions for authors and reviewers, and identification of editorial board members and their roles, and more. This function typically would lie within the Librarian Classification. . Cynthia Daley continued undermining meetings and planning progress for This Way to Sustainability Conference, continued to disregard and minimize-the students’ role in the conference, going against their advice and input as organizers and a primary funding source, disregarding and disrespecting all of us because she said she didn’t feel “in control” and saying she wasn't being copied. on emails or being given updates when she continually was, and although the Executive Planning Team kept advising against her insistence to make it a regenerative ag conference; she continually worked to diminish and disrespect my role as staff lead of the conference by going behind my back to managers and other campus members to work in conflict with what the students and | had planned, disregarding choices for keynote speakers, films, and scheduling layout, and contacting potential keynotes without consulting with the Executive Team or me as the conference lead, making the planning team and | look inefficient, creating confusion and chaos, and causing the appearance of disfunction, promising unconfirmed speakers that she'd get them in, this and more inhibited my ability to perform the duties, and those of my position description by removing the sustainability web site without discussion and demanding | hand over all access to passwords and everything related to it without justification, and as retaliation for me meeting with her dean to report the situation and ongoing harassment-by Cynthia. ° Cynthia Daley assigned me the task of completing the recruitment process for several new non-state positions, and arrange interviews for several positions she’d had me post. Intentionally after |'d scheduled the interviews with the full interview panel and applicants, Cynthia tells me she doesn’t use Exchange campus email and that I'd need to reschedule all of them, and instead start using doodle polls. | ended up having to take time out and record each one of the interviews because she refused to give me dates and times she could attend in person. This caused even more stress, chaos and frustration, followed by her telling several faculty on the interview panel that | had made these mistakes in an attempt to make me look inefficient to not only the interview panel, but to the applicants as well. e Cynthia Daley was using her former student Taylor Herren as an assistant (who not only didn't even live in Chico; was not from what | could tell a current employee, and was employed elsewhere, Kiss the Ground). Cynthia had her in charge of coordination of campus and events and activities being hosted by RAI, and began copying her on emails and communications relating to my job duties. | brought it to Cynthia’s attention that she had lost-some of the recordings of guest speakers hosted previous to my involvement, and that these recordings were never put on the ISD website because I'd never received them. Cynthia accused me of losing some of the recordings (Richard Teague's for one), making me a scapegoat for Taylor's lack of knowledge and follow-up on getting these recordings both ADA compliant and posted the website. | had to find the recordings, get the ADA:compliance process completed, and load them to the website. This caused a.lot of added stress, time, chaos, and frustration for me, as well as IMC and RCE staff. e Cynthia Daley and Taylor Herren had both violated several campus and state policies, and on one particular situation when | questioned who would provide the required documentation for donated goods Cynthia stated “she had never documented In-kind donations before, didn't care if the University got credit for the donations, and she wasn’t going to start now. It’s too much red tape and we're simply not going to do it." Additionally, alcohol permit requirements continued to be ignored for events off campus, specifically for one during the campus closure due to the Camp Fire. Off campus permits (through the ABC) were never obtained but she 1) moved the event to an off-campus location although campus was in a total shut down and 2) served alcohol anyway without a permit, having obtained the donations from Sierra Nevada, and several local wineries. The documentation was never provided and any trace was destroyed. It was after this that Cynthia began her more intense and intentional retaliation towards me because | reported these issues, her treatment of me, the added stress she was. causing, and some of her other violations to University Advancement, the provost's budget office, and directly to her dean John Unruh. ° On December 19, 2018, in retaliation for finding out | met with her dean John Unruh to whistle blow her violations and behaviors, | was ordered by Cynthia Daley to report to a meeting with she and her dean John Unruh to hand. over my passwords and access to some web-based platforms | used for the conference, provide a detailed budget report about the conference, and a detailed update of conference planning to date, all of which | had continually given her except for passwords because there was no justification, and this violates the responsible use policy 8105. Not only had | already given conference updates and status on an ongoing basis, in writing, but Cynthia had already approved me to host our conference students at that very same time to a holiday luncheon off campus. This was an intentional retaliation and inflicted more than emotional distress, | completely broke down physically and mentally and had to leave work. | did not attend the meeting, was too upset at that point to host the students who were also very upset, and subsequently was suspended with pay that day instead. These intentional actions. and the retaliation | endured were void. of any consideration of my work restrictions being violated and are all just some of the things that contributed to the situation now. Due to the stress created by of all of this my doctor put me off work on 12/31/18. | provided the CSU with my physician’s medical status form and received no immediate response. On 1/11/19 | received a letter from the University, Dylan Saake, asking me to meet with them regarding an investigation into my alleged misconduct. Following my physician's advice | did not attend, and | so advised the CSU. Since that time, | have remained off of work due to the ongoing stress of the University’s failure to engage in the interactive process or to provide accommodations requested by my physician. On February 26th, my physician stated that my health was worsening, due to the University’s failure to engage in the interactive process and failure to accommodate me. The failure of the CSU to follow my physician's orders, failure to engage in the interactive process and to accommodate me, along with the CSU's retaliation for my whistleblowing activities, has greatly impacted my health, so much so, that | am unable to continue working at the CSU. #19 Despite repeated attempts to engage in the interactive process and be accommodated for my disability, and despite the CSU, Chico's ADA and Reasonable Accommodation Policy, the University has failed to afford me my rights under the law. A Al Gq 2, Co. LL ‘py, 25 a LAS E a > 1 fly - al KO i £ Lo =f] a22e7G 27 4360890 aa OFFICE OF MAR 15 2019 RISK MANAGEM| a vii MMT WB 7048 2290 0002/1839 sia2 eo Widell MDMA yeeg gag tetnt fff yt yop EXHIBIT B XAVIER BECERRA State of California izes Attorney General DEPARTMENT OF JUSTICE 1300 I STREET, SUITE 125 P.O. BOX 944255 SACRAMENTO, CA 94244-2550 Public: 916) 445-9555 Telephone: 916) 210-6122 Facsimile: 916) 324-5567 on Molly.Cote@doj.ca.gov May 9, 2019 Email Address: GovtClaimSearch@doj.ca.gov Government Claims Unit RE: REQUEST FOR CLAIM SEARCH 1. Search for any and all claim(s) filed by: Name of Claimant(s): TERESA RANDOLPH Date of Incident: March 1, 2017 through present Cause of Action: Wrongful Termination, Disability Discrimination/Harassment, Retaliation, Failure to Engage in the Interactive Process and Failure to Reasonably Accommodate 2. After a search is complete, please provide: Xo Email notification with or without working copy of claim. [5 calendar days]; or Xo Certification or Declaration of No Findings of the claim [15 calendar days]. 3. Preferred Deadline: Earliest possible 4. Name of Requestor: Molly Cote Section: Employment and Administrative Mandate (EAM) City: Sacramento Telephone: 916-210-6122 Matter ID: SA2019102196 Sincerely, /S/ Molly K. Coté Senior Legal Analyst For XAVIER BECERRA Attorney General oF fi XAVIER BECERRA State of California Toms Attorney General DEPARTMENT OF JUSTICE 1300 1 STREET, SUITE 125 P.O, BOX 944255 SACRAMENTO, CALIFORNIA 94244-2550 DECLARATION Iam a Staff Services Analyst with the Government Claims Unit (GCU) within the Office of the Attorney General, Department of Justice (AGO), The AGO-GCU operates in conjunction with the Government Claims Program (GCP) within the Department of General Services in the review of government claims in active civil litigation. I am familiar with how the GCP operates and maintains its records of government claims received by and stored by the GCP in its Standardized Insurance Management System (SIMS) computer database. The AGO-GCU is granted direct read-only access to the GCP’s SIMS computer database and is authorized to download the GCP’s records of government claims, I am also knowledgeable about the use of the GCP’s SIMS computer database and have been trained by the GCP’s staff in accessing the documents. J effectively serve as a custodian of records maintained by the GCP and accessed by the GCU. Based on‘the direct read-only access to the GCP afforded to the GCU, I am authorized to verify the records maintained. with the GCP in the SIMS computer database. IT have diligently searched the records maintained by the GCP. I have been unable to locate any claims that have been filed with, or presented to, the GCP that match the following provided information: Claimant: Teresa Randolph DOL March 1, 2017 through the present I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge and belief. I am willing and able to testify to the truth of the statements made herein, if necessary. Executed at Sacramento, California, May 15, 2019. Ow LINDSEY R. GOODWIN Staff Services Analyst Government Claims Unit DECLARATION OF SERVICE BY E-MAIL and U.S. Mail Case Name: Teresa Randolph v. Trustees of the California State University, et al. Case No.: 19CV01226 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On October 25, 2019, I served the attached DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF’S SECOND AMENDED COMPLAINT by transmitting a true copy via electronic mail. In addition, I placed a true copy thereof enclosed in a sealed envelope, in the internal mail system of the Office of the Attorney General, addressed as follows: Thomas Dimitre, Attorney at Law PO Box 801 Ashland, OR 97520 E-mail Address: dimitre@mind.net I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on October 25, 2019, at Sacramento, California. Jenny Thirakul Declarant Signature 82019102196 14221770.docx